CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Edwards v. Canada (Minister of Citizenship and Immigration)
IMM-5366-99
Gibson J.
27/1/00
8 pp.
Application for stay of removal order until determination of application for leave and judicial review of IRB Appeal Division (Tribunal) decision--Application dismissed-- Applicant must establish serious issue, irreparable harm, balance of convenience--Applicant born in Jamaica in 1971, in Canada since 1981--All known relatives in Canada: mother, brother, wife, three daughters--Convicted of drug-related offences in 1991, 1993, other offences in 1994, 1998--Longest sentence 30 days for trafficking in narcotic--Little evidence applicant had worked toward rehabilitation--Applicant failing on issue of irreparable harm--No evidence of risk of physical harm if deported to Jamaica-- Irreparable harm element no longer determined directly and uniquely in relation to applicant: in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, which dealt with humanitarian and compassionate considerations in context of Immigration Act, s. 114(2) decision, S.C.C. majority held interests of children must be taken into account--Baker decision and factors enumerated therein entirely relevant by analogy to determinations of irreparable harm and balance of convenience herein-- Tribunal herein considered impact of break-up of applicant's family, particularly on children, and made decision in manner attentive to interests of children--No basis herein to differ from that conclusion--Immigration Act, R.S.C., 1985, c. I-2, s. 114(2) (as am. by S.C. 1992, c. 49, s. 102).